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COVID-19: DHS announces flexibility in requirements related to Form I-9 compliance

  1. Original Date Announced

    March 20, 2020

    COVID-19: DHS announces that ICE will exercise prosecutorial discretion to defer the physical presence requirements for the Employment Eligibility Verification (Form I-9) until May 19, 2020. DHS also announces that any employers who were served notices of inspection (NOIs) in March 2020 and have not already responded will be granted an automatic extension for 60 days; at the end of 60 days, DHS will determine if an additional extension will be granted. [ID #990]

    DHS announces flexibility in requirements related to Form I-9 compliance
  2. Effective Date

    March 20, 2020
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  4. Biden Administration Action: Approved/Retained

    January 27, 2021

    ICE Announces Extension to I-9 Compliance Flexibility (January 2021 Extension)

    This Biden administration policy extends the Trump-era policy identified in this entry.

    On January 27, 2021, ICE announced that it will extend its Form I-9 compliance flexibility through March 31, 2021.

    View Document
  5. Biden Administration Action: Approved/Retained

    March 31, 2021

    2021.03.31 ICE announces extension, new employee guidance to I-9 compliance flexibility

    This Biden administration policy extends the Trump-era policy identified in this entry.

    On March 31, 2021, ICE announced that it will extend its Form I-9 compliance flexibility through May 31, 2021. The current extension also includes guidance for employees hired on or after April 1, 2021, and work exclusively in a remote setting due to COVID-19-related precautions.

    View Document
  6. Biden Administration Action: Approved/Retained

    May 26, 2021

    2021.05.26 ICE announces extension, new employee guidance to I-9 compliance flexibility

    This Biden administration policy extends the Trump-era policy identified in this entry.

    On May 26, 2021, ICE announced that it will extend its Form I-9 compliance flexibility through August 31, 2021. The current extension also includes guidance for employees hired on or after June 1, 2021, and work exclusively in a remote setting due to COVID-19-related precautions.

    View Document
  7. Biden Administration Action: Approved/Retained

    August 31, 2021

    2021.08.31 ICE Press Release Announcing Extension

    This Biden administration policy extends the Trump-era policy identified in this entry.

    On August 31, 2021, ICE announced that it will extend its Form I-9 compliance flexibility through December 31, 2021. The current extension also includes guidance for employees hired on or after April 1, 2021, and work exclusively in a remote setting due to COVID-19-related precautions.

    View Document

Current Status

Fully in Effect
January 27, 2021
Acted on by Biden Administration
March 31, 2021
Acted on by Biden Administration
May 26, 2021
Acted on by Biden Administration
August 31, 2021
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Subject Matter: Employment Verification
Agencies Affected: ICE

Associated or Derivative Policies

Pre Trump-Era Policies

  • In normal times, a new employee must present documentation to the employer from the List of Acceptable Documents (Form I-9 Instructions) that establishes identity and employment authorization. The employer is normally required to review the documents in the employee's physical presence and must accept the document(s) if the document(s) reasonably appears to be genuine and to relate to the employee.

    8 CFR § 274a.2 - Verification of identity and employment authorization

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